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This is a Bill, not an Act. For current law, see the Acts databases.

PUBLIC INTEREST DISCLOSURE (WHISTLEBLOWER PROTECTION) (CONSEQUENTIAL AMENDMENTS) BILL 2012

2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Interest Disclosure
(Whistleblower Protection)
(Consequential Amendments) Bill 2012
No. , 2012
(Mr Wilkie)
A Bill for an Act to deal with consequential matters
in connection with the Public Interest Disclosure
(Whistleblower Protection) Act 2012, and for related
purposes
i Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill
2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Fair Work Act 2009
3
Ombudsman Act 1976
4
Parliamentary Service Act 1999
4
Public Service Act 1999
4
Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill 2012
No. , 2012 1
A Bill for an Act to deal with consequential matters
1
in connection with the Public Interest Disclosure
2
(Whistleblower Protection) Act 2012, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Public Interest Disclosure
7
(Whistleblower Protection) (Consequential Amendments) Act 2012.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill
2012 No. , 2012
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as sections 3 to 62 of the
Public Interest Disclosure (Whistleblower
Protection) Act 2012 commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
15
Amendments Schedule 1
Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill 2012
No. , 2012 3
Schedule 1--Amendments
1
2
Fair Work Act 2009
3
1 Section 12 (after paragraph (c) of the definition of
4
workplace law)
5
Insert:
6
(ca)
the
Public Interest Disclosure (Whistleblower Protection) Act
7
2012; or
8
2 After paragraph 336(c)
9
Insert:
10
(ca) to protect public officials and others who make public
11
interest disclosures under the Public Interest Disclosure
12
(Whistleblower Protection) Act 2012;
13
3 After section 387
14
Insert:
15
387A Public interest disclosure
16
A person who is dismissed shall be regarded for the purposes of
17
this Part as unfairly dismissed if the reason (or, if more than one, a
18
reason of any significance) for the dismissal is that the person
19
made, was suspected to have made, or might make, a disclosure
20
under the Public Interest Disclosure (Whistleblower Protection)
21
Act 2012.
22
4 At the end of section 392
23
Add:
24
Public interest disclosure
25
(7) Subsections (4), (5) and (6) do not apply to compensation awarded
26
where a person is regarded as unfairly dismissed by virtue of
27
section 387A, but shall be such amount as FWA considers just and
28
equitable in all the circumstances having regard to the loss
29
(including likely future loss) sustained by the person in
30
Schedule 1 Amendments
4 Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill
2012 No. , 2012
consequence of the dismissal in so far as that loss is attributable to
1
acts or omissions of the employer.
2
Ombudsman Act 1976
3
5 After subsection 5(2)
4
Insert:
5
(2A) Nothing in subsection (2) prevents the Ombudsman from:
6
(a) exercising a function given to the Ombudsman under the
7
Public Interest Disclosure Act (Whistleblower Protection)
8
Act 2012; or
9
(b) investigating a complaint made under the Public Interest
10
Disclosure (Whistleblower Protection) Act 2012, section 51
11
(2).
12
Parliamentary Service Act 1999
13
6 Section 16 (heading)
14
Repeal the heading.
15
16 Protection for reporting breaches
16
Public Service Act 1999
17
7 Section 16 (heading)
18
Repeal the heading.
19
16 Protection for reporting breaches
20

 

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